People v. Estes-El — 49 N.Y.2d 719

Majority

p. 719

The People of the State of New York, Appellant, v Melvin R. Estes-El, Respondent.

Argued January 4, 1980;

decided February 5, 1980

p. 720

APPEARANCES OF COUNSEL

Robert M. Morgenthau, District Attorney (Benjamin H. Green and Vivian Berger of counsel), for appellant.

Marilyn A. Kneeland and William E. Hellerstein for respondent.

OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum at the Appellate Term. It is the city’s burden to clarify the ambiguity in the Administrative Code which all members of the court recognize exists.

Concur: Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Chief Judge Cooke and Judge Gabrielli concur in result.